Chapter IV · International Law
Universal human rights instruments
1. International Covenant on Civil and Political Rights
Article 18(1) ICCPR guarantees the right to freedom of thought, conscience and religion. The UN Human Rights Committee, in General Comment No 22 (CCPR/C/21/Rev.1/Add.4, 30 July 1993), states in paragraph 2 that Article 18 "protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief". Paragraph 4 lists the observance of dietary regulations as an act protected by the right to manifest belief.
2. International Covenant on Economic, Social and Cultural Rights
Article 12 ICESCR guarantees the right to the highest attainable standard of physical and mental health. General Comment No 14 (E/C.12/2000/4) affirms that the right includes the availability, accessibility, acceptability and quality of health-related services, which in the context of hospital catering entails the provision of meals compatible with sincere beliefs.
3. Nelson Mandela Rules
Rule 22(1) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (A/RES/70/175) requires prison administrations to provide every prisoner with food of nutritional value adequate for health and strength. Rule 2 codifies the principle of non-discrimination and Rule 65 requires respect for the religious beliefs and moral precepts of the prisoner.
4. Convention on the Rights of the Child
Article 14 CRC obliges States to respect the right of the child to freedom of thought, conscience and religion, in a manner consistent with the evolving capacities of the child, which is directly relevant to compulsory-school meal provision.
